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HomeMy WebLinkAbout1998_12_16 Town Board Regular Minutes TOWN OF MAMARONECK TOWN BOARD AGENDA REGULAR MEETING -Wednesday, December 16, 1998 -Town Center Court Room - 8:15 PM THE TOWN BOARD WILL CONVENE at 7:00 PM and adjourn into an Executive Session to discuss personnel. CONVENE REGULAR MEETING CONVENE EXECUTIVE SESSION RECESS EXECUTIVE SESSION RECONVENE REGULAR MEETING CALL TO ATTENTION - Location of Exits PUBLIC HEARING -Amendment to Chapter 122 of the Town Code - Helicopter and Other Aircraft BOARD OF FIRE COMMISSIONERS 1. Fire Claims 2. Other Business AFFAIRS OF THE TOWN 1. Appointment- Board of Ethics 2. Adoption of the 1999 Town Budget 3. Appeal of Tree Permit - 60 Dillon Road 4. Authorization - Inter-Agency Agreement Mamaroneck EMS 5. Report of Bids - Contract TA98-6 - Hommocks Ice Rink 6. Authorization -Amendment to Myrtle Boulevard Study 7. Set Public Hearing -Amendment to Erosion and Sediment Control Law 8. Authorization -Transfer of Funds -Water District 9. Authorization - Closing of Financial Accounts - Fiscal 1998 10. Resolution - Change Date of 1/20/99 Town Board Meeting 11. Authorization - Computer Software Agreement - Recreation 12. Indemnification of Town Officers and Employees 13. Salary Authorization - Recreation - Building Department 14. Approval of Certiorari APPROVAL OF MINUTES - November 4, 1998 - November 18, 1998 ORAL COMMUNICATIONS WRITTEN COMMUNICATIONS SUPERVISOR REPORTS REPORTS OF THE COUNCIL Next regularly scheduled meetings - January 6, 1999 - January 20, 1999 Any physically handicapped person needing special assistance in order to attend the meeting should call the Town Administrator's office at 381-7810. MINUTES OF THE REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK AND THE BOARD OF FIRE COMMISSIONERS HELD ON DECEMBER 16, 1998 AT 8:15 PM IN THE COURT ROOM OF THE TOWN CENTER, 740 W. BOSTON POST ROAD, MAMARONECK, NEW YORK PRESENT: Supervisor Elaine Price Councilman Paul A. Ryan Councilwoman Valerie M. O'Keeffe Councilman Barry Weprin Councilwoman Phyllis Wittner ALSO PRESENT: Patricia DiCioccio, Town Clerk. Stephen V. Altieri, Town Administrator Charlene Indelicato, Town Attorney CONVENE EXECUTIVE SESSION The Board convened into an Executive Session at 7:00 PM in Conference Room A of the Town Center to discuss personnel. On motion duly made and seconded the Board adjourned at 8:25 PM to the Court Room. CALL TO ORDER The Regular meeting of the Town Board was called to order by Supervisor Price at 8:30 PM, who then pointed out the location of exits. PUBLIC HEARING -Amendment to Chapter 122 of the Town Code Helicopter and Other Aircraft The following notice was placed into the record: PLEASE TAKE NOTICE, that a Public Hearing will be held by the Town Board of the Town of Mamaroneck on Wednesday, December 16,1998 at 8:15 PM or as soon thereafter as is possible in the Court Room of the Town Center, 740 W. Boston Post Road, Mamaroneck, New York to consider the adoption of a proposed Local Law entitled "Amendment to Section 122 to 122 - 3 and 122 -4 and adding a new Section 122 -7 of Chapter 122 Helicopters and Aircrafts." The purpose of the Local Law is to prohibit the discharge or acceptance of cargo from hovering helicopters. On motion of Councilman Ryan, seconded by Councilwoman O'Keeffe, the hearing was declared opened. The Attorney explained that the law would prohibit hovering helicopters from lowering or accepting cargo and to set a procedure for the appeals process. The Supervisor asked if anyone wished to speak either in favor of or against the proposed law. December 16, 1998 There being no comment, on motion of Councilman Ryan, seconded by Councilwoman Wittner the hearing was closed and on the same motion and seconded the following local !aw was unanimously adopted: LOCAL LAW NO. 10 - 1998 This Local Law shall be known as "Amendment to Section 122 to Section 122 -3 and 122 -4 and adding a new Section 122 - 7 of Chapter 122 Helicopters and other Aircraft" Section 1. Purpose The purpose of this amendment is to prohibit the discharge or acceptance of cargo from hovering helicopters. Section 2. Amendment Section 122 - 3 Hovering Prohibited. The hovering of helicopters so as to discharge or accept passengers or cargo is prohibited within the unincorporated area of the Town of Mamaroneck. Section 122 -4 Discharge of acceptance of passengers prohibited. The discharging or acceptance of a passenger or cargo from or into a hovering helicopter within the unincorporated area of the Town of Mamaroneck is prohibited except for an emergency. Section 122 - 7 Hardship A. Should any person(s) affected by this Local Law suffer an unnecessary hardship in the way of carrying out the strict letter of this Local Law, the person(s), may apply to the Town Board in writing for a variation from the strict compliance with this Local Law, upon proof of such unnecessary hardship. B. Procedure. Upon submission of a written application to the Town Clerk by the person(s) seeking a variation of this Local Law, The Town Board shall, within 30 days of receipt of such application, schedule a Public Hearing on said application upon five days written notice in the Official Newspaper of the Town. At said Public Hearing Public Hearing, the person(s) and any other parties wishing to present evidence with regard to the application for a variation from the strict compliance of this Local Law shall do so. If the Town Board determines that a person(s) will suffer unnecessary hardship due to the strict compliance with this Local Law, to the minimum extent necessary to provide the person(s) relief from strict compliance with this Local Law, shall grant such relief. The Town Board may impose such requirements-that insure the public health, safety and welfare of the community. C. Any party aggrieved by the determination of the Town Board on an application for a variation from the strict compliance with this Local Law may appeal said decision to the Supreme Court, State of New York, Westchester County, pursuant to Article 78 of the Civil Practice Laws and Rules within 30 days of the filing said decision in the Office of the Town Clerk. Section 4. Severability Should any provision of this Local Law be declared illegal of unconstitutional by a court of competent jurisdiction, to the extent that the other provisions of this Local Law can be implemented without such illegal or unconstitutional provision, such other provisions shall remain in effect. Section 5. Effective Date 2 December 16, 1998 This Local Law shall take effect immediately. BOARD OF FIRE COMMISSIONERS The meeting was called to order by Commissioner Price at 8:45 PM in the Court Room. Present were the following members of the Commission: Commissioner: Elaine Price Commissioner: Paul A. Ryan Commissioner: Valerie M. O'Keeffe Commissioner: Barry Weprin Commissioner: Phyllis Winner 1. FIRE CLAIMS Commissioner Winner presented fire claims for authorization of payment, thereafter on Commissioner Winner's motion, seconded by Commissioner O'Keeffe, it was unanimously: RESOLVED, that this Commission hereby authorizes payment of the following Fire Department claims as approved by the Fire Chief and audited by the Comptroller's Office: AM Emergency Supply Co., Inc. $ 154.00 American Gun & Uniform Supply 335.82 Alb & Son's 200.00 American Gun & Uniform Supply 20.00 AT &T Capital 99.81 AT &T 27.61 AT &T Wireless 84.76 Bell Atlantic 497.96 Car Quest of Larchmont 65.08 Comfort Zone Heating 189.00 Con Edison 695.78 Frank Cioffi 884.81 Giacomo Service Center 43.00 Excelsior Garage 15.00 Larchmont Shore Club 5,104.00 Larchmont Heat& Power Corp. 127.52 Lucent Technologies 50.15 National Business Furniture 995.85 National Standby Repair Inc. 481.86 NYS Academy of Fire Science 50.00 P & M Transmission Centre, Inc. 1,100.00 Quest Diagnostics 195.59 Redwood Nursery 295.00 Roberts 125.00 Robert Fattizzi 94.66 Staples 187.50 Staples 496.96 Thomas K. Landau 215.00 Town of Mamaroneck Professional 204.36 Westchester Elevator 170.00 13,206.08 CAPITAL R & L Computer Consulting 329.00 TOTAL $ 1,3535.08 3 December 16, 1998 AFFAIRS OF THE TOWN 1. Appointment - Board of Ethics The Supervisor said that a resume had been received from Carol Scharff, who has been a resident for over 35 years. She has been active on Chatsworth PTA, as a Brownie Troop Leader, as Cub Scout troop coordinator, on the Committee for the United Nations as well as various other community activities. Professionally, she had three careers. She taught elementary school before coming to Larchmont and she continued in education, teaching English as a Second Language in the local schools. Following this, she sold real estate for Robert J. Plaut Associates. Her last career was as advertising manager for a firm that makes products for the theatre, television and film. She has been fully retired for the last year. On motion of Councilwoman Wittner, seconded by Councilman Ryan, it was unanimously, RESOLVED, that Carol Scharff, 25 Pryer Manor Road, is hereby appointed as a member of the Board of Ethics, to serve a term of office of 3 years, effective December 16, 1998 and terminating December 2000. 2. Adoption of the 1999 Town Budget The Administrator said that now that the Town Board has reviewed the proposed 1999 budget, the recommendation is to approve the plan at this time. The budget provides for total spending of$ 19,413,230 and a tax levy of$12,393,905. In this budget it will not be necessary to raise property taxes for our residents. The overall tax rate for the unincorporated area will remain the same as the 1998 level. Therefore, in 1999 a resident of the unincorporated area with an average assessment of$20,000 will pay $3,272 in Town property taxes. On motion of Councilman Ryan, seconded by Councilwoman Wittner, it was unanimously, RESOLVED, that the Town Board has reviewed the proposed 1999 Town Budget and hereby approves the 1999 Town Budget. The Supervisor thanked the special effort put into the budget by both the Town Administrator, and the Town Comptroller, as well as all the Department heads. She also expressed her thanks to the Larchmont Civic Association who sponsored a forum to allow her and the Administrator to present and explain the budget. 3. Appeal of Tree Permit - 60 Dillon Road The Administrator said that this matter was regarding a tree permit filed with the Tree Commission in June of this year. The applicant proposed the construction of two homes on lots that abut one another in the City of New Rochelle and the Town. Both the Town and the City of New Rochelle had reviewed applications for construction of homes on these properties, and the Town held final processing of the tree permit in abeyance pending the final review of other related issues. Notices of the December 16, 1998 meeting were sent to the applicant and the party filing the appeal. Supervisor Price explained that Dr. Gillman wishes to appeal the decision which grants a permit to remove trees from this property. She asked if Dr. Gillman was 4 December 16, 1998 present, he was not, but there was someone representing Mr. Catanese. She noted that the property had been inspected by James Athey, our Environmental Coordinator and by the Building Inspector, who then later at a meeting of the Tree Commission had agreed to a permit to allow removal of four trees and that four trees be replaced. It was Dr. Gillman's contention that at present the property does absorb rainfall, and should the trees be cut, the rain runoff will add significantly to flood conditions already being experienced in that area. He therefore strongly objected to the removal of the trees. Councilwoman Wittner commented that the entire lot has been cleared except for those four trees. Steve Marchesoi, Architect said that they had complied with. all necessary requirements. The Supervisor asked if the trees to be removed would be replaced by four trees, to which he replied affirmatively. She then asked if they had received Planning Board approval. He replied that they had. Councilwoman Wittner stated that there was a letter from the Tree Commission which gives a statement of findings which says "property is located in a Critical Environmental Area and it is also the recommendation of the Tree Commission that you plant a willow tree." This is ordinarily a good idea but because of the storm drains in that area, it is not a good solution. Councilman Ryan said that he could understand Dr. Gillman's frustration but didn't see how the Board could reverse the Tree Commissions decision. Following a further dialogue, on motion of Councilwoman O'Keeffe, seconded by Councilman Ryan, it was RESOLVED, that the Town Board hereby reject the appeal brought by Arthur Gillman, on the permit issued for the property located at 60 Dillon Road, which allows them to remove four trees and to then replace four trees. Ayes: Weprin, O'Keeffe, Ryan, Price Nays: None Abstain: Winner 4. Authorization - Inter-Agency Agreement Mamaroneck Emergency Medical Service Mr. Altieri explained that on November 4, 1998 the Town Board authorized an inter- agency agreement with the Larchmont/Mamaroneck Volunteer Ambulance Corps. The agreement stipulates the responsibilities of the Town and VAC for emergency medical service. Attached is a similar agreement between the Town and EMS. Mamaroneck EMS requested wording in the agreement that would provide EMS with a mechanism for transferring a paramedic should there be a question of the paramedics performance. Section 5A of the agreement states that the Town will respond to a request of EMS for review of a medic and if appropriate arrange a transfer, discipline or dismiss the employee. With the exception of that change, the agreement is identical to the VAC agreement. Authorization is therefore requested to execute this agreement with EMS. On motion of Councilman Ryan, seconded by Councilwoman O'Keeffe, it was unanimously, RESOLVED, that the Town Board does hereby authorize entering into the inter-agency with the Larchmont /Mamaroneck Volunteer Ambulance Corp, which stipulates 5 December 16, 1998 the responsibilities of the Town and VAC for emergency medical service; and BE IT FURTHER, RESOLVED, that authorization is hereby given to the Administrator to execute the agreement on behalf of the Town. 5. Report of Bids - Contract TA-98-6 Hommocks Ice Rink Mr. Altieri said the bids for the installation of an insulated/low emissivity ceiling at the Hommocks Ice Rink were received and evaluated on Wednesday, December 16, 1998. There was only one bid which was in the amount of$39,600.00. He noted that reason for the single bid was because warranty provisions in the bid specification require that the material be free of defects for normal use during the life of the building use. He said that if approved the work will begin next week and should be completed in two weeks. He recommended approval. On motion of Councilman Ryan, seconded by Councilwoman O'Keeffe, it was unanimously, RESOLVED, that the Town Board does hereby authorize the Contract TA-98-6 for installation of an insulated ceiling at the Hommocks Ice Rink to Energie Innovation Inc., who made the only bid in the total amount of$39,600. 6. Authorization -Amendment to Myrtle Boulevard Study The Administrator explained that at the last work session, a proposal was made to amend the scope of the Myrtle Boulevard study to provide more work on developing a streetscape improvement plan and a detailed parking plan. The fee for the original scope of work was $19,500. To complete the amended plan would cost an additional $10,450. Plans and drawings that are prepared under the amended scope will be useful for our application for Federal Community Development Block Grant Funding in 1999. Therefore, the recommendation is to authorize the additional work and authorize the Town Administrator to execute the amended agreement. Councilwoman O'Keeffe said that it seemed like a great deal of money. Supervisor Price answered that the work is labor intensive. They will be called upon to study and recommend traffic patterns and the way it affects the aesthetics as well as a need for a lot of patch work. On motion of Councilman Ryan, seconded by Councilman Weprin, it was unanimously, RESOLVED, that the Town Board does hereby amend the scope of the Myrtle Boulevard study to provide more work on developing a streetscape improvement Plan, said amendment will increase the cost of the study by an additional $10,450, bringing the total cost to $19,500; and BE IT FURTHER, RESOLVED, that authorization is hereby given to the Administrator to execute the agreement on behalf of the Town. 6 December 16, 1998 7. Set Public Hearing -Amendment to Erosion and Sediment Control Law On motion of Councilman Weprin, seconded by Councilman Ryan, it was unanimously, RESOLVED, that the Town Board does hereby set the date for public Hearing on the amendment to the Erosion and Sediment Control Law for January 6, 1999, at 8:15 PM; and BE IT FURTHER, RESOLVED, that the Town Clerk be and hereby is authorized to publish the legal notice of Public Hearings in an official newspaper of the Town. 8. Authorization -Transfer of Funds Water District Authorization was requested by the Administrator for the Town Comptroller to transfer funds from the unreserved balance of the Water District to Capital Project 98-02 Account# H8997-7483400. The amount to be transferred is $2,500 and will be used to close out this account. On motion of Councilman Weprin, seconded by Councilwoman O'Keeffe, it was unanimously, RESOLVED, that the Town Board hereby authorizes the Comptroller to transfer$2,500 from the unreserved balance of the Water District to Capital Project 98-02 Account#H8997-7483400. This amount will be used to close out the account. 9. Authorization -Closing Financial Accounts - Fiscal 1998 Mr. Altieri requested authorization to make all necessary journal entries and budget transfers to close out the year 1998, noting that this item was pro forma. On motion of Councilwoman Wittner, seconded by Councilman Ryan, it was unanimously, RESOLVED, that the Town Board hereby authorizes the Comptroller to make all necessary journal entries and budget transfers to close out the year 1998. 10. Resolution - Change Dates of Town Board Meetings Following discussion on the availability of Board members, on motion of Councilwoman Wittner, seconded by Councilman Ryan, it was unanimously, RESOLVED, that the Town Board does hereby change the dates of the following Town Board Meetings: January 20, 1999 to January,27, 1999 February 3, 1999 to February 10, 1999 and February 17, 1999 to February 24, 1999 ADDED ITEM 7 rl December 16, 1998 11. Authorization -Computer Software Agreement- Recreation The Administrator explained that this is a proposed software agreement between Vermont Systems and the Town to provide computer software to the Recreation Department. Briefly described, the software will be used for program registration, facility reservation management and permit management. One feature of this program is that now pool permits can be issued on an ongoing basis and not follow a fixed year. Starting in June, a permit will be valid for one year from the actual date of issue. Tennis permits will be issued in this manner beginning in the spring of 1999. The total cost of the software, software support in year one, and training is $6,355.00. Funds for this purchase are appropriated in the capital budget for computer systems. The Administrator requested authorization to execute the agreement on behalf of the Town. On motion of Councilman Weprin, seconded by Councilman Ryan, it was unanimously, RESOLVED, that the Town Board does hereby authorize entering into the agreement with Vermont Systems which provides computer software to the Recreation Department. The total cost of the software, software support for one year and training is $6,355.00. Funds are appropriated in the capital budget for computer systems, and BE IT FURTHER RESOLVED, that the Town Board does hereby authorize the Administrator to execute the agreement on behalf of the Town. 12. Set Public Hearing - Indemnification of Town Officers and Employees Proposed local law to limit the exposure of Town officers and employees named in actions against the Town. On motion of Councilman Ryan, seconded by Councilwoman O'Keeffe, it was unanimously, RESOLVED, that the Town Board does hereby set the date for Public Hearing on the amendment to Article I of the Town Code of Mamaroneck Defense and Indemnification Law for January 6, 1999, at 8:15 PM; and BE IT FURTHER, RESOLVED, that the Town Clerk be and hereby is authorized to publish the legal notice of Public Hearings in an official newspaper of the Town. 13. Salary Authorizations - Recreation - Building Department Recreation On motion of Councilman Weprin, seconded by Councilman Ryan, it was unanimously, RESOLVED, that as provided for in the 1998 Town Budget that the Town Board does hereby authorize the payment of salary to the following: 8 December 16, 1998 Patrick Romano, Alternate Men's Basketball Supervisor, $55/session, effective 12/14/98. Chris Suarino, Youth Hockey Instructor, $11/hour, effective retroactive to 11/11/98. Hal Krenkel, Youth Hockey Assistant Instructor, $6.25/hour, effective retroactive to 11/11/98. Gary Foti, Jr. Alternate Skate Guard, Hommocks Rink, $5.50/hour, effective 12/11/98. Lenise Romero, Alternate Life Guard, Hommocks Pool, $9/hour, effective retroactive to 12/1/98. Sarah Cullen, Alternate Life Guard, Hommocks Pool, $6.50/hour, effective retroactive to 12/1/98. Jennifer Curley, Alternate Life Guard, Hommocks Pool, $8.50 1hour, effective 12/19/98. Arthur Coleman, Life Guard, Hommocks Pool, $7.25/hour, effective retroactive to 12/8/98. THE FOLLOWING HOMMOCKS POOL SALARIES ARE EFFECTIVE 12/30/98: LIFEGUARDS: Jeff Santorsola $ 9.00 per hour Joe Rodriguez $ 8.50 per hour Lizandro Zuniga $ 8.25 per hour Lauren Abinanti $ 7.25 per hour Merrill Roth $ 7.25 per hour Dan Malutich $ 9.50 per hour Jon Lynch $ 7.75 per hour Jack Nierodzinski $ 7.00 per hour Paul Nierodzinski $ 7.25 per hour Suzy Finneran $ 6.75 per hour Wilma Birmingham $ 9.50 per hour Wendy Baird $ 8.00 per hour Chris Vaughn $10.75 per hour KEY ATTENDANTS: Katherine Brannigan $ 6.50 per hour Peter Braverman $ 6.25 per hour Dominick Fariello $ 5.75 per hour Katie Southwiek $ 5.25 per hour Neil Valsanakar $ 5.75 per hour Andrew Joseph $ 5.75 per hour MANAGERS: . Cynthia Ausello $14.00 per hour Heather Waters $12.00 per hour Bob Blaufarb $13.00 per hour Joanne Murphy $13.00 per hour ALTERNATE MANAGERS: Chris Vaughn $11.00 per hour Edith Turnbull $10.00 per hour Maria Francella $11.00 per hour Mary Lynn Rappaport $10.00 per hour Bobby Lunde $11.00 per hour ALTERNATE LIFE GUARDS: Ryan Clinton $ 6.50 per hour 9 December 16, 1998 ALTERNATE KEY ATTENDANTS: Angela Legramandi $ 7.25 per hour SWIM INSTRUCTORS: Joanne Murphy $19.00 per hour Cynthia Ausiello $18.00 per hour Wilma Birmingham $16.50 per hour Josie Blanckmeister $16.50 per hour Code Enforcement Officer On motion of Councilman Weprin, seconded by Councilman Ryan, it was unanimously, RESOLVED, that as provided for in the 1998 Town Budget that the Town Board does hereby authorize hiring of William Aughavin as Code Enforcement Officer on a part-time basis effective December 21, 1998 at an hourly rate of$12.50. Mr. Aughavin will work in the Building Dept. performing code enforcement and site inspections beginning January 1999. Bill Aughavin has completed Basic Code Enforcement Training and worked as a Code Enforcement Officer for the Village of Rye Brook. 14. Approval of Certiorari On motion of Councilman Weprin, seconded by Councilman Ryan, the following certiorari were unanimously approved for settlement: Brook-Vale Equities, Inc. 1101 Old Boston Post Road (Village of Mamaroneck) W-2 Corp. 1047 Old Boston Post Block 621, Lot 1 and Lot 6 This is a small portion of the Food Emporium parking Lot, It is currently assessed at$10,9900.00 which at full value is $255,000.00. The assessor negotiated a settlement of$9,000.00, reflecting full value of$2210,00.00. The negotiation also included the second lot assessed at$2,700.00 which according to the terms of the settlement will remain the same. The refund from the Town will be approximately $180.00. The refund by the Village will be approximately $2,000.00. The loss to the Town would be approximately $26.00. The loss to the Village would be approximately $330.00. 413 Fenimore Road Block 902 Lot 460 (Village of Mamaroneck) Year Assessment Reduced to Amt. Of Reduction 1998 $22,000.00 $14,500.00 $7,500.00 The loss to the Town is approximately $110.00. 10 December 16, 1998 Shopwell Palmer Avenue Block 601 Lot 486.1 (Village of Larchmont) Year Assessment Reduced to Amt. Of Reduction 1998 $29,400.00 $26,400.00 $3,000.00 The loss to the Town would be approximately $40.00. The loss to the Village would be approximately $495. APPROVAL OF MINUTES - November 4, 1998 - November 18, 1998 On motion of Councilwoman Wittner, seconded by Councilwoman O'Keeffe, it was unanimously, RESOLVED, that the Town Board does hereby approve the Board minutes from the meetings of November 4, 1998 and November 18, 1998, as amended. Supervisor Reports Supervisor Price reported that the committee was still working on the I and I Agreement, and would be voting on it at the next meeting, adding that she had enjoyed working with the County on this project. She mentioned the bombing happening in Baghdad. Reports of Council Councilwoman O'Keeffe asked the status of the Town in regard to the Humane Society. Mr. Altieri replied that under the contract they respond to calls from our police department. He is in the process of obtaining information on their operation. ADJOURNMENT On motion of Councilwoman Wittner, seconded by Councilwoman O'Keeffe the meeting was adjourned at 9:45 PM. Everyone was wished a Merry Christmas, Happy Chanukah, and a very happy and healthy New Year. Submitted by: Patricia A. DiCioccio, Town Clerk C:WISOffice\Winword\MINUTES\98M I NF\12-16-98x.doc 11